Facade inspection filing deadline is March 1st

The filing deadline for the first sequence of Local Law 11/98 Facade Inspection Reports is March 1, 2000. This date is stipulated in Local Law 11/98 and is being strictly enforced by the New York City Department of Buildings. Failure to comply will result in costly fines, violations, court appearances, etc.

The following summarizes the applicability of Local Law 11/98 and the methodologies by which a property owner can comply with this very important law:

Buildings Which Must Have Facade Inspection Reports Filed

Local Law 11 requires that the exterior facades of all buildings in New York City which are greater than six stories in height be inspected at five-year intervals. The inspection must be performed by a Licensed Professional Engineer or a Registered Architect. A written report must be prepared and filed with the Department of Buildings. With respect to this law, the following clarifies which properties will need Local Law 11/98 Reports filed:

Location of the Building: Local Law 11/98 applies to buildings within the five boroughs (Brooklyn, Bronx, Manhattan, Queens and Staten Island). Each borough has an office of the Department of Buildings and each office has its own Local Law 11 coordinator. Reports for buildings in a particular borough are filed at the office within that borough. Buildings located in Westchester, Nassau, Suffolk and other counties are not covered by Local Law 11 and accordingly need not be inspected under this law.

Types of Buildings: All buildings in New York City which meet the height requirement must be inspected. No distinction is made for commercial buildings, apartment buildings, co-ops, condominiums, industrial buildings, etc. Similarly, the type of construction of the building or of its exterior walls is not relevant in determining whether or not the building must be inspected. Stone, brick, glass and metal buildings must all be inspected.

Height of the Building: The law requires that all buildings greater that six stories in height be inspected. Clearly, seven-story buildings must be inspected, whereas sixstory buildings need not be inspected. Some confusion has arisen with respect to buildings having six stories plus a basement, penthouse, etc. The Department of Buildings has generally required that such properties be inspected. Previously, Local Law 10/80 was less clear regarding buildings with six stories plus a cellar. Local Law 11/98 has clarified the circumstances under which buildings must be inspected. A story has been defined as any floor level having at least one-half of its floor to ceiling height above the grade level adjacent to any one of its exterior walls (below grade area-ways do not typically count when measuring the number of stories). Each building should be evaluated on an individual basis before a final decision is made as to whether an inspection is required. An inspection of the property is often needed before a final determination can be made relative to whether or not a Local Law 11/98 facade inspection is needed.

Time Frame/Filing Deadlines for Compliance with Local Law 11/98: As noted above, the filing deadline for the first sequence of properties covered by Local Law 11/98 has been established as March 1, 2000. The applicability of this deadline is as follows:

For Buildings Having Some Walls Never Previously Inspected

The Department of Buildings has provided two different mechanisms/time-frames for complying with the requirements of Local Law 11/98 for buildings of this nature. These two options are as follows:

Option A: A single fifth Cycle Local Law 11 Report can be filed for buildings of this nature, provided that all walls are inspected (a scaffold drop inspection over a street facade would have to be part of the inspection) and provided further that the report of the inspection is filed with the Department of Buildings no later that March 1, 2000. This would be considered a fifth Cycle filing for this building.

Option B: Alternatively, the following two-step inspection and filing procedure is available: (1) An initial inspection must be conducted of the walls never previously inspected under Local Law 10/80 and a report of that initial inspection must be filed with the Department of Buildings by March 1, 2000. This filing will be known as a supplemental fourth Cycle filing for the building; (2) An inspection of all of the building's walls (including another inspection of the walls inspected as above and also including a scaffold drop inspection over a street facade) must be performed and a report of that inspection must be filed during the period February 21, 2000 through February 21, 2002. This would serve as the fifth Cycle Local Law 11 filing for the building.

With respect to option (B) above, both steps (1) and (2) must be complied with.

For Buildings Which Previously Had All Walls Inspected

Fifth Cycle Local Law Reports for all buildings which previously had all facades inspected under Local Law 10 must be filed during the period February 21, 1999 and February 22, 2002. (A scaffold drop inspection over a street facade would have to be part of the inspection).

As noted above, the filing requirements and associated deadlines for buildings will differ depending upon the Local Law 10/11 history of the building and the nature of the previously performed facade inspections. It would be prudent to consult and experienced Local Law 11 professional in order to make the critical determination as the whether a particular building needs to have a Local Law 11/98 facade inspection report flied and, if so, what the relevant due dates and deadlines would be.

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